Case Digest (G.R. No. 242977) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Jose Apolinario, Jr. y Llauder v. People of the Philippines (G.R. No. 242977, October 13, 2021), petitioner Jose Apolinario, Jr. served as Acting Chairman and President of Unitrust Development Bank (Unitrust) following a Special Stockholders’ Meeting on December 18, 2001, in Makati City. Along with co-accused Winefredo T. Capilitan, Motohiko Hagisaka, and Elmer T. Magpantay, he was charged under two Informations for violating Section 36 of Republic Act No. 8791 (General Banking Law of 2000) in relation to Section 36 of Republic Act No. 7653 (New Central Bank Act). The first Information alleged that on December 26, 2001, petitioner and his co-accused unlawfully granted a ₱1 million personal loan to Capilitan without the required board approval or BSP notification; the second charged a ₱13 million loan to G. Cosmos Philippines, Inc., similarly undocumented. After arraignment, Apolinario pleaded not guilty while two co-accused remained at large and Magpantay later became a state Case Digest (G.R. No. 242977) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Charges
- Jose Apolinario Jr. y Llauder (Apolinario), Winefredo T. Capilitan, Motohiko Hagisaka, and Elmer T. Magpantay, directors/officers of Unitrust Development Bank, were charged under Section 36 of Republic Act No. 8791 (General Banking Law) in relation to Section 36 of Republic Act No. 7653 (New Central Bank Act) for granting DOSRI loans without proper board approval or BSP notification.
- Two informations: (a) P 1 million personal loan to Capilitan released December 26, 2001; (b) P 13 million loan to G. Cosmos Philippines, Inc. released December 27, 2001.
- Factual Background
- December 18–19, 2001 stockholders’ and board meetings elected Apolinario as Acting Chairman/President and amended by-laws on nationality; Magpantay, Quilatan, and Vasquez resigned.
- Loan applications processed by Vasquez under Hagisaka’s direction; purported board resolutions (December 19 and December 26 minutes) approving loans were irregular or antedated; no BSP report made.
- Procedural History
- RTC (Makati, Branch 149) granted Magpantay’s motion to become state witness, tried merits, convicted Apolinario in Joint Resolution (Oct. 24, 2012), imposed fines of P 100,000 and P 200,000. Motion for reconsideration denied (Jan. 22, 2013).
- Court of Appeals affirmed conviction and fines (Decision July 10, 2018; Resolution Oct. 25, 2018). Apolinario filed Rule 45 petition; SC directed OSG comment and resolved by Decision Oct. 13, 2021 (G.R. No. 242977).
Issues:
- May this Court review the lower courts’ factual findings under Rule 45?
- Were the elements of DOSRI violation proven beyond reasonable doubt, namely:
- Petitioner’s status as director/officer;
- His borrowing or incurring obligation (directly or as agent) in conspiracy;
- Absence of written majority‐board approval entered in bank records and forwarded to BSP.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)